B.S.YADAV,J. - (1.) THE present petitioners have been arrested in a case under section 307 and other sections from the Indian Penal Code, registered at Police Station Malerkotla, vide First Information Report No. 80 dated 18.6.1983, recorded on the basis of the statement of Dilshad.
(2.) THE brief facts that prior to the above First Information Report, another First Information Report No. 79 dated 17.6.1983 was recorded at Police Station Malerkotla at 10.30 p.m. on the statement of Raj Kumar son of Sant Ram. In that report, the allegations were on that day about 9.20 p.m. he (i.e. the informant) was present at his house. His brother-in-law, Verinder Kumar resident of Muktsar and Pardeep Kumar and Verinder Kumar residents of Malerkotla were also present there. Narinder Kumar alias Mannu and Vinod Kumar, brothers of Raj Kumar came running into the house and closed the door and told the persons present there that Bhina, Dilshad and their associates Latif and his brother Bashir alias Tundand Yasin has caused them injuries. In the meantime, the above named persons, along with Suleman and Mali sons of Sadar Din, Khalil, Haji Kachru who were armed with Gandasas and Lathis opened the door by putting their hands inside. When Raj Kumar objected, Yasin and Latif Mohammad felled him to the ground and the above persons caused him injuries with sticks and Gandasas. Thereafter the above named parsons with a mob surrounded the house and entered into it and caused injuries to them. Then, the mob, some of whom had guns with them, fired 35 or 40 shots in the air. They also threw brickbats. Thereafter, those persons threw burning tyres soked with kerosene oil, in the compound of the house. On the next day, on the basis of the statement of Dilshad, FIR No. 80 was registered at 11 a.m. According to that version on 17.6.1983 at 9.15 p.m. Sant Ram, Manohar Lal, Vinod Kumar, Raj Kumar son of Sant Ram, Vinod Kumar, Raj Kumar and Mannu, Charanjit Pahalwan, Raj Kumar son of Chanan Ram, Billa Gobarewala, Amrit Lal Gupta and Swaran Kumar were standing near Jindia Medical Store, outside Delhi Gate. They were under intoxication of liquor and were hurling dirty abuses upon Muslims. They were also challenging the Muslims to come out. In the meantime, Mohammad Sayeed, Abdul Aziz, Nassar Hussain, Azar Diwana, Sabar Ali, Mohd Akhtar, Saleem Walid Sleem son of Mohd. Bashir Mohd. Anwar, Mohd. Yamin came to the spot When Dilshad tried to stop the above persons from hurling abuses, Vinod Kumar attacked him with a knife and caused him injuries on his upper lip. Four teeth of his also became shaky and started bleeding. Vinod Kumar also attacked Saleem and caused injuries on his right finger. When the companion of Dilshad tried to save them, Vinod Kumar and others ran from there and entered their Kothi and they started firing with guns. First, Raj Kumar and then others whose names have been given in the First Information Report, fired, turn by turn, at varies persons, named in the report.
(3.) THE petitioners and Manmohan Jauhar alias Billa filed separate bail application. All the bail applications were dismissed of by the learned Additional Sessions Judge, Sangrur vide order dated 6.7.1983, except the anticipatory bail application of Manmohan Jauhar alias Billa who was granted anticipatory bail.;